Admin Order 58-02-25-F - Laserfiche WebLink

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advisors. The Rule is not being tabled and no change is being made to the Rule as a result of this comment. E. City staff has worked with the development community for several months in developing the Standards for Geological and Geotechnical Analysis contained herein. After reviewing the comments received, and making some revisions in response to the comments, staff recommended that the public be provided an additional opportunity to comment on the rules and proposed revisions. I concurred with the staffs recommendation, and caused a notice to be published on January 12,13, 14, 15, and 16,2003 advising that comments would be received thereon for a period of 15 days from the first publication date, or at a public hearing to be held on January 22, 2003. F. No written comments were received in response to the notice or at the public hearing except the following comments from the Law Office of Bill Kloos, PC, which were submitted on behalf of their client Tom Poage of Poage Engineering & SurveYing, Inc., at the public hearing held on January 22, 2003, to which I make the following specific findings: Comment 1: The Standards for Geological and Geotechnical Analysis should be adopted with pre- and post-adoption notice provided to DLCD. The City has provided pre-adoption notice to DLCD, and will provide DLCD, within five-days of adopting the Rule, post-adoption notice. Comment 2: The Standards for Geological and Geotechnical Analysis should be adopted by ordinance, not administrative rule. Finding: Finding: This administrative rule implementing the policy set forth in EC 9.6710 is not a legislative act; rather, it is, by definition, an administrative act. The rule does not contain criteria beyond those required in Chapter 9. Thus, the City's enactment of this Rule is consistent with ORS 227.186(2) and need not be adopted by ordinance. Also, EC Section 9.6710 is an acknowledged land use regulation (Chapter 9) establishing the requirement for a geological and geotechnical analysis and directs the City Manager to adopt administrative rules setting forth the "standards, procedures and content" of the required analysis. No change is being made as a result of this comment. Comment 3: The City should consider waiting until the Oregon State Board of Examiners for Engineering and Land Surveying (OSBEELS) issues its new rules governing geotechnical analysis and engineer certification before enacting this Rule so that they are consistent with the state rules. A group of professional engineers who believe that Certified Engineering Geologists do not have sufficient training and understanding in engineering principles to design facilities encouraged OSBEELS to recognize Geotechnical Engineers and address geotechnical engineering standards. In contrast, the Oregon State Board of Geologist Examiners (OSBGE) has set the standards for Geologists and they have adopted guidelines for preparing engineering geologic reports in Oregon. There is a belief in the geological field that engineers lack sufficient training in Geology. This difference of opinions has been an issue put before both Boards for more than three years and it is uncertain as to when decisions will be made. This rule was sent to Finding: Administrative Order - 7 R:\ADMINO RD\RULES\03 geotech2ao. wpd(03/26/03)